Terms and Conditions for 2018/2019

“you”, “your” and “yourself” means the individual or organisation set out on the booking page annexed to these terms and conditions and shall include all or any additional drivers or passengers participating in the Event under your booking form.

”Event” means the specific Event details on the booking page annexed to these terms and conditions.

“UK” means the United Kingdom.

“Track” Means the Track owner/Event organizer at which the Event is held.

Booking and PaymentAll Events are offered subject to availability and on a strictly first come first served basis

Failure to pay the balance of any deposit (or where appropriate the full amount due) as requested will entitle us to cancel the booking without further advance notice to you.

All contracts, verbal or written, to allow payment after the Event has taken place are on the understanding that full payment will be made to the OpenTrack Events Limited account within seven days. Failure to pay within this time frame will incur a late payment fees of £25 per week and also the addition of Statutory Interest at 8.5%.

In addition if an invoice has been issued and not payed before attending the event that invoice will be cancelled, another issued and the cost will rise by 100%

If a Invoice is not paid after 4 weeks it will be cancelled and another generated in its place. At this point the sum outstanding will rise by 50%

If you should fail to pay for you booking on line at Opentrack.co.uk and we issue a invoice to you, should you then fail to attend the event you will still be liable for the cost of the place booked as your booking will be reserved.

Any Event taking place within the UK must be paid for in full when the booking is made.

Any Event taking place outside the UK must be paid for in full no later than eight weeks prior to the date of the Event with a deposit paid when the booking is made. In the case of an Event taking place outside the UK, payment shall only be accepted by credit card. In making such payment, you authorize us to deduct any additional fees and costs incurred in relation to the booking at the appropriate time once these fees and costs are known.

Provisional bookings will be confirmed only once payment is received in full.

We reserve the right to cancel or refuse any bookings at our sole discretion.

All bookings made when a day is a “Private event” dependant on numbers are not covered by the general terms and conditions. Once a booking has been made for a “private event” it is considered firm and none negotiable as to it’s cancellation. Should the required numbers not be met to hold the event as a “private event” it will be opened to the general public on the first day of the preceding month.

Pricing

The current prices are shown on our website and will be confirmed at the time of booking.

There will be a additional charges for second drivers and passengers, which will also be shown on the website and confirmed at the time of booking.

We reserve the right to change any of the prices advertised on our website without prior notice.

All bookings made by credit card will be subject to an additional surcharge of 2.5%, to cover card charges. (This surcharge does not apply to Debit Cards).

All bookings made offline for Events within the UK will be subject to an additional £10 administration charge by us.

Alterations and Cancellations

UK Events

All refunds given are at our sole discretion. Our standard cancellation policy is to credit your Opentrack Events Limited account with the appropriate sum based on the formula set out below.

You may cancel your contract at any time prior to the commencement of the Event by giving us advanced written notice at the address listed to above, PROVIDED THAT we shall be entitled to deduct from any money previously paid by you, sums based on the following scale:

30 days or more prior 10% of full cost

15-29 days prior 25% of full cost

7-14 days prior 50% of full cost

Less than 7 days prior 100% of full cost

No show 100% of full cost

All refunds will be paid five working days after the event that has been booked.

If you make any alteration or amendment to your booking after the date on which the balance is due, we will charge an administration fee of £25. In addition, you may also be charged (where appropriate) a sum equivalent to any unrecoverable costs incurred by us arising from your further alteration or amendment.

Should a booking be made via a third party booking site we reserve the right to cancel the space on an event

on the understanding that we give you at least 12 hours notice.

Please note that any booking made via a third party site (all sites other than opentrack.co.uk) will also be liable to a extra 15% deduction in the amount returned.

Events outside UK

You will not be entitled to any refund or credit note in respect of either an initial deposit or full balance paid for the Event if it is outside the UK.

There shall be no refund made by us if the Event is terminated either on the day of the Event or shortly before as a result of adverse weather or other matters which in our reasonable opinion are beyond our control, provided that we will use our reasonable endeavours to arrange a replacement Event. At such additional costs (if applicable) as are reasonably obtainable.

There shall be no refund made by us if the date of the Event has been altered due to the circuit owner informing us that the Event can no longer take place on the advertised date.

There shall be no refund made by us if you sign on to an event and then after taking part decide it was not what you were expecting or you did not enjoy it. This is a entirely subjective matter and we would ask you to think hard before taking your car on to any race track.

Compliance With Track Regulations

Track regulations imposed by each Track will be available from us by prior request and in a hard copy form at the drivers briefing.

You agree to be bound by the Track regulations throughout the Event and it will be your responsibility to ensure that you have read these thoroughly prior to the start of the Event.

You must attend all drivers briefings held during the Event and sign all necessary driver and/or passenger indemnity forms prior to participating in any Event.

You undertake that all vehicles brought by you to the Event must be capable of passing an MOT test or conform to current RAC MSA regulations. (we reserve the right to remove vehicles we consider to be unsafe).

Your vehicle must be capable of being towed off the circuit via at least one preferred tow point at either the front or rear of your vehicle. No vehicle without a approved tow point will be allowed out on the circuit.

You acknowledge that we will not be inspecting other vehicles on the Track and that we give NO GUARANTEE as to the suitability of other vehicles at the Event.

Please note that cars not effectively silenced to the noise limit stated on the Final Instructions document for the Event, will be subject to an immediate exclusion from the Event without any refund.

** If you or your vehicle receives Two black flags during the Event, you and your vehicle will no longer be able to gain access to the live Track for the remainder of the Event.**

Please note should you spin or leave the circuit at any point during the “sighting/pace laps” you will be requested not to take part in further on-Track activity for that day, and no refund will be given.

Timing and competitive driving is strictly forbidden and any driving which, in our opinion is aggressive or inconsiderate will result in the driver and vehicle being immediately excluded from the remainder of the Event without any refund.

**If a vehicle or driver is found to be timing or being timed on the Event the vehicle and driver will not be allowed to take any further part in the Event. This timing rule overrides the Two Black Flag rule.**

All drivers, passengers and guests must wear at all times during the Event the appropriate wristband to acknowledge these terms and that they hold us and the Track free from any liability or blame arising from any risk associated with the Event.

Please note that your compliance with these terms and conditions is in addition to and not substitution of the additional Track regulations enforced by the Track. We reserve the right to exclude you from participation in the Event or the remainder of the Event, arising from your breach of these terms and conditions or any regulations imposed by the Track.

The term “open pit lane” is used to describe the format of the Event and it does not guarantee access to the circuit in a free-flowing manner at all times. This could be for various reasons including Track safety number limitations and factors such as adverse weather conditions and the amount of vehicles booked on to the event.

Circuit Layout & Facilities

Occasionally the layout advertised may not be available and we will do our best to let you know as soon as possible if this is the case. There are many reasons this can happen and it is sometimes out of our control, as final layout discretion is held with the circuit owner.

Facilities at Circuits vary between each location, however we will always do our best to provide the best facilities at each event. Unfortunatly from time to time we are unable to provide items such as catering, storage areas, pit garages and additional Parking for support vehicles.

Risks Associated With the Event

You understand that motorsport is potentially dangerous and that there are numerous risks associated with it. Such risks dangers include but are not limited to, collisions with spectators, vehicles, other drivers and/or fixed or moving objects and the negligence of other drivers. Further, you fully understand and realise that your participation in the Event may result in serious bodily injury and/or death to yourself or others.

With the full knowledge and understanding of the potential risks referred to above and associated with your participation in the Event, you enter the Event voluntarily and fully accept and assume every such risk for loss, damage or injury (including death).

Weather

You acknowledge and realise that your participation in the Event may be halted or cancelled due to adverse weather conditions. Should the day be cancelled due to adverse weather, for example but not limited to snow, ice, fog we will hold the fee paid for that Event. If we are unable to get a direct replacement for the cancelled event we will issue you a credit to the value of monies paid to Opentrack Events Ltd.

We will only halt an Event when your safety or that of the circuit staff is called into question.

In the event of one of the Opentrack vehicles being hired on a date which we consider having a weather forcast containing Unsuitable driving conditions specific for that vehicle we will inform you at lest 12 hours before that the vehicle is unavailable for hire.

Any late cancellation will be published on the OpenTrack Track Days Facebook wall, and our web site. OpenTrack will also try to contact everyone via email as soon as possible. We will do our upmost to let you know as soon as possible

Photography

Opentrack events limited provide images to use free of charge for ‘Personal’ usage via Flickr following all events

By taking part In any Opentrack event you authorise Opentrack to use your image in future advertising should Opentrack wish to use it.

However should you or a third party wish to use images from an event held by Opentrack events limited for a business purpose you have to seek permission first.

We charge a standard one of fee of £500 for Below the line usage.

We charge a standard one of fee of £1000 for Above the line usage and Internet to include social media across all platforms.

Opentrack events limited and Robert Baxter Photography retain Copyright of the Image at all times.

Image usage for commercial purpose without prior permission will be charges at the Above the line rate plus Vat.

More details on Image usage can be found at www.the-aop.org under the Licensing and Usage Calculator.

Waiver of Liability

In consideration of you being permitted to take part in the Event, you waive, release and discharge for yourself, your executors, administrators and legal representatives all or any rights and/or claims which you have or may have in the future against the Track or us, our officers, directors, employees, consultants, agents and sponsors, for all and any damages, injuries (including death), and/or claims which may be sustained by you directly or indirectly arising from your participation in the Event, which shall include the application of emergency or medical services at the Event, notwithstanding that these damages, injuries (including death) and/or claims are caused by the negligence of those persons listed above.

Further, you agree not to hold liable the Track or us or our officers, directors, employees, consultants, agents or sponsors for all or any damages, injuries (including death) and/or claims which may be sustained by you directly or indirectly arising out of your participation in the Event. This waiver shall include but not in any way be limited to all claims for personal injury, death, property damage, financial loss, breach of contract, negligence claims or any other claim arising out of your participation in the Event and shall also include all legal costs otherwise recoverable arising from such claims.

It is a condition of your participation of the activity, or activities, in which you intend to take part that in the Event of accident, loss or damage occurringduring such activity or activities you or your insurance representative will not pursue any claim for damages against any other participant (save in respect of injury or death).

Having given the above waiver, you fully understand its terms and understand that you have relinquished significant rights by doing so. You have done this at your own free will and without any coercion or duress from any third party. You fully intend your waiver to be a complete and unconditional release of all liability to the extent permissible by law and agree that if any aspect of this waiver is held to be invalid, then the remainder of this clause and these terms and conditions generally shall continue in full force and effect.

Indemnity

You hereby agree to fully release and unequivocally indemnify the track and us, our officers, employees, consultants, agents, sponsors, licensees and assigns from all and any claims, demands, damages, liabilities or legal action arising either directly or indirectly from your actions or otherwise at any Event whether made or claimed before, during or after the Event and which shall include all associated costs and expenses and any sums which otherwise may have been paid as a full or partial settlement or compromise of any claim or liability.

You further agree that where any initial booking payment has been made by you using a credit card, we shall be entitled to deduct such further sums from your credit card as are necessary to reimburse us for all and any costs or fees incurred as a result of any damage caused by you or any persons forming part of your group to the infrastructure of the Track. You acknowledge however that such charges will only be payable to us where the Track has demanded payment from us.

You agree that If a event is cancelled prior to the event taking place or in a situation where we can you fit you on the day, Opentrack events Limited, our agents, staff or Circuit owners shall not be liable for any or all associated costs and expenses regarding the event.

General

Unless we have first agreed in writing, we are not bound by any variation to these terms and conditions

You agree and accept all of these terms and conditions and understand that whilst we will use our reasonable efforts to ensure that all other participants at the Event abide by these terms and conditions, we cannot guarantee that these terms and conditions will at all times be complied with nor be held responsible or liable in anyway for their non-compliance.

You agree that by completing the booking form and accepting these terms and conditions you are entering into a legally binding agreement with us to participate in the Event on our terms and conditions.

You declare that all the information supplied by you on the booking form is to the best of your knowledge and belief correct and that you have read and understood the terms and conditions and agree to all of them (including but not limited to those relating to waiver of liability and indemnity) in full.

You further understand that whilst we will make every effort to ensure that your personal information is kept private, we shall be held neither responsible nor liable should any information be lost or stolen by any third party.

You understand that should you book through a third party for example a Car Club, Web forum or booking agency you are still bound by the Opentrack events limited terms & conditions.

Law and Jurisdiction

This contract is subject to the law of England and Wales.

TRACK CAR TERMS & CONDITIONS

A. Use Of The Caterham 7 : When you hire an Opentrack Car you get exclusive use of the car all day, when hired for a full day.

B. Time: You / your group are guaranteed use of the car for 40 minutes out of each hour the circuit is open. Depending on weather and track conditions However If a driver is found to be potentially damaging the car by continued use and disregarding requested limits then we reserve the right to refuse further access to the car or track.

C. Accidents: In the event of an accident the excess liability is with the purchaser of the hire of the car. The excess is paid in advance in the form of a bank transfer or Paypal payment, which will then be returned at the end of an incident free day.

D. Instruction: On a full Opentrack Event day one hour and twenty minutes of tuition is included in the price. We also reserve the right to enforce further chargeable tuition should your standard of driving or level of experience be lower than anticipated. If we feel that you are unable to drive the car to the required standard we will ask you to Purchase tuition at the circuit before driving the car again by yourself. This will be at a cost of £50 per hour.

E. Breakdowns: In the event of any incident that effectively makes the car unusable no refund will be given. However, in the event of mechanical breakdown through no fault of the driver, a pro-rata refund or a new date & venue may be arranged. Where fault is disputed in this instance, the opinion of an assessor will be taken as final as to where the fault lies.

F. Engine Damage: Under normal driving it is not possible to over-rev the car you cannot drive through the rev limiter. However, it is possible to change into the wrong gear and over-rev the engine through using the momentum of the car. We operate a down loadable engine management system and all engine over revs are charged at £100 per 250rpm Should a engine fault develop through driver misuse a refund will not be given and mechanical damage will be paid for out of the Insurance excess fee paid.

G. Gravel Trap Damage: If a driver puts an Opentrack car into any gravel traps this will incur a clean up charge of £50.00

Likewise if the car spins of the circuit a you must return to the pits for a vehicle inspection.

H. Age Limits: All drivers must be 18 or over with a full road licence.

I. Size matters: There are no physical restrictions for driving the Caterhan 7 however, drivers over 6’3″ tall or with a waistline over 42 inches or weighing over 17 stone may struggle to drive. It is your responsibility to be satisfied at the time of making any booking that the Driver will be accommodated by the physical limitations of the car.

J. Opentrack Events limited reserve the right to refuse access to the car to any person not deemed safe to drive, or behaving in a competitive or aggressive manner towards other track drivers.

K. If it is our opinion that you are unable to drive the car correctly we reserve the option to request you obtain more tuition during the course of the day.

The above regulations are to be added to the standard Opentrack terms and Conditions 2018

All track day rules and regulations apply to the Caterham 7 Be it a Opentrack Events Limited day or that of a third party.

Privacy policy

This website uses etracker technology (www.etracker.de), by which anonymous data is collected and saved for marketing and optimisation purposes. All visitor data is saved using an anonymous user ID to aggregate a usage profile. Cookies may be used to collect and save this data, but the data is not personally identifiable. The data will not be used to identify a visitor personally and is not aggregated with any personal data. The collection and storage of data may be refused at any time, with effect for the future. We use Paypal Pro for you billing and Opentrack Events Limited do not have access to your card details at all during this process.

Opentrack Events Limited do not share any of your personal information with a third party.

We use Paypal as we have done for many years and found it to be a very safe and secure service. Offering ease of use for you and also us. You can pay with your paypal account or use your Credit or debit card.

If you have any questions feel free to get intouch with us here at opentrack at anytime.

Regards

Dave Woodall

01954 202588 Office

Noise Issues

Track Day Noise Limit Guide.

Track day noise limits and noise testing have been a subject of much discussion in more recent times. With the increased pressure that councils are putting on circuits to keep the noise level down, the circuits are not only having to be very strict with enforcing the rules and who they let on the track, but they are also having to lower the maximum decibel limits previously set and agreed upon.

This indicates two things; the first is that at some circuits it is becoming more difficult to actually pass the noise test (for those with systems on the louder side that is) but it also indicates something more significant than that.

Councils are cracking down on noise levels, and the more we break those rules the more pressure the circuits are going to be put under, to the point where circuits will have no choice but to set ultra low decibel limits, or worse stop track days all together.

Warm Up You Engine

If you warm your engine before you get noise tested, generally this will reduce the noise level of your Car to a degree, so if you’re worried it might be close to the limit, warm your engine before getting tested.

Fit a Baffle.

If you have one, fit it. Circuits are becoming increasingly demanding when it comes to baffles and some even say have your baffle fitted regardless of what your noise level reads without it.

If you don’t have a baffle and you’re concerned about being over, then buy one. They’re not expensive and they could well save you from packing your bags early and going home.

Different baffles will have a different effectiveness, but you can expect a baffle to change the noise level of your exhaust from anything from 2 to 8 decibels.

Don’t worry about any performance drop either. It could well drop the performance of a higher capacity Car by 5 or so bhp, but that more than likely equates to less than a second in terms of lap times anyway . It just isn’t worth it at the risk of getting sent home.

Don’t Lose Your Temper if You Get Turned Away

If the tester turns you away for being over the limit, they’re just doing their job. Don’t go throwing your toys out the pram as this won’t help anyone. Ask them what you can do to make it through the test and they or someone else in the vicinity will more than likely be able to help, but they aren’t likely to do that if you start throwing abuse or sly comments their way.

Finally.

If you are sent home for being to loud be it on the “static” test or Drive by there is nothing that we can do regarding a refund. In this day and age you should be fully aware of how loud you Car is. It is up to you to decide before you book as to the sutabitlity of your Car for the event.